The Genetic Non-Discrimination Act – As of July 2017

The Genetic Non-Discrimination Act was passed into law on May 4, 2017. We should all be very proud that our community members, in all provinces and territories, now have their genetic test information protected.

What does this mean?

Genetic Non-Discrimination Act

The GNA’s prohibitions apply not only to providers of goods and services, but also to anyone entering into or continuing a contract with a person. This would include (among others) all employers. So anyone entering into or continuing a contract with someone is not allowed to require the person to take a genetic test or to disclose the results of a previous or future genetic test.

GNA also prohibits providers of goods and services, and anyone entering into or continuing a contract with a person, from collecting, using or disclosing the person’s genetic test results without that person’s written consent. This is another basic protection of the law, in addition to the protection against someone requiring a person to take a genetic test, or disclose the results of a prior/future genetic test.

Amendments to the Canada Labour Code and the Canadian Human Rights Act

Amendments made to the Canada Labour Code, provide an extra layer of protection for employees of federally-regulated industries however all employees and potential employees are protected by the basic prohibitions of GNA.

Amendments made to the Canadian Human Rights Act (CHRA) have added genetic characteristics to the CHRA.

Insurance

This is a good news story for all Canadians. For now our genetic test information is protected and Sun Life insurance is holding training sessions across Canada to educate their brokers and sales force regarding new activity under the new legislation of GNA. (Others may have as well, we just haven’t heard about it).

Sun Life recently shared the following:

As it stands now at Sun Life, there can be no questions asked whether or not you have had a test or are having a test for HD (or any other genetic disease). If the underwriters find the results of a genetic test in an applicant’s medical file they are being told to disregard the test (and results) all together.

Applicants would still have to disclose certain family history questions but no more than what every other applicant would have to answer. They would have to answer questions about their own health but only pertaining to symptoms and diagnoses. Also, if there is no official diagnoses on a parent or sibling they would not be required to answer any questions related to that disease (i.e. My brother tested positive for the HD gene would not be required to be divulged or even asked on an application).

Updates since May 4, 2017

On May 31st the Government of Quebec adopted the decree directing the Minister of Justice to file a reference before the Court of Appeal in Quebec, it was published in the Gazette on June 21st. As we understand it the Quebec reference has now been filed. If that is the case the Canadian Coalition for Genetic Fairness will be responding before August 25, 2017 .

Right after 3rd reading and passing of Bill S201 the Minister of Justice, Wilson-Raybould, indicated that she would request Cabinet to refer the Genetic Non-Discrimination Act (GNA) to the Supreme Court of Canada after it went through the parliamentary process. To date Cabinet has not yet referred the GNA. Recent correspondence from the Justice Minister’s office indicates that they still oppose the GNA but agree with amendments to the CHRA and they plan to lead discussions with provincial and territorial governments to address the many issues surrounding the use of genetic information.

The insurance industry is still fighting. Some insurance companies, e.g. Sun Life, are proactively educating and falling in line, others e.g. Manulife continue to fight against the GNA as does the CLHIA (http://insurance-journal.ca/author/susan-yellin/).

Today the Genetic Non-Discrimination Act stands and is law, as are the amendments to the Labour Code and the Canadian Human Rights Act (CHRA). The genetic test information of those living anywhere in Canada is robustly protected at this point in time. We are however, prepared to intervene, with legal support, at the Quebec Court of Appeal and the Supreme Court of Canada, if necessary.